Next event: Commission response to text adopted in plenary 2019/07/30 more...
- Final act published in Official Journal 2019/06/14
- Draft final act 2019/06/05
- Final act signed 2019/06/05
- End of procedure in Parliament 2019/06/05
- Act adopted by Council after Parliament's 1st reading 2019/05/22
- Council Meeting 2019/05/22
- Results of vote in Parliament 2019/03/26
- Decision by Parliament, 1st reading 2019/03/26
- Debate in Parliament 2019/03/25
- Text agreed during interinstitutional negotiations 2019/01/23
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2019/01/22
- Coreper letter confirming interinstitutional agreement 2019/01/18
- Contribution 2018/04/08
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2018/03/12
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2018/02/28
- Committee report tabled for plenary, 1st reading 2018/02/27
- Vote in committee, 1st reading 2018/02/21
- Committee decision to open interinstitutional negotiations with report adopted in committee 2018/02/21
- Committee opinion 2017/11/24
- Amendments tabled in committee 2017/09/28
- Amendments tabled in committee 2017/09/28
- Amendments tabled in committee 2017/09/26
- Amendments tabled in committee 2017/09/26
- Amendments tabled in committee 2017/09/26
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | BUZEK Jerzy ( PPE) | WERNER Martina ( S&D), KRASNODĘBSKI Zdzisław ( ECR), PETERSEN Morten ( ALDE), MARCELLESI Florent ( Verts/ALE), TAMBURRANO Dario ( EFDD), KAPPEL Barbara ( ENF) |
Committee Opinion | ENVI | POC Pavel ( S&D) | Mireille D'ORNANO ( ENF), Merja KYLLÖNEN ( GUE/NGL), Carolina PUNSET ( ALDE), Davor ŠKRLEC ( Verts/ALE) |
Committee Opinion | BUDG | ||
Committee Opinion | IMCO | ||
Committee Opinion | ECON | ||
Committee Recast Technique Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 194-p2
Legal Basis:
TFEU 194-p2Events
PURPOSE: to ensure that the EU electricity market is competitive, consumer-oriented, flexible and non-discriminatory.
LEGISLATIVE ACT: Directive (EU) 2019/944 of the European Parliament and of the Council concerning common rules for the internal market in electricity and amending Directive 2012/27/EU
CONTENT: The Directive establishes common rules for the production, transmission, distribution, storage and supply of electricity, as well as consumer protection provisions for the creation of truly integrated, competitive, consumer-oriented and flexible, fair and transparent electricity markets in the Union. The Directive shall enhance national policies in favour of vulnerable and energy poor customers.
The Directive on common rules for the internal market in electricity, the Regulation on the electricity market, the Regulation on risk preparedness and the Regulation establishing a European Agency for the Cooperation of Energy Regulators (ACER) are part of the Commission's broader set of initiatives entitled "Clean Energy for All Europeans". This package includes the Commission's main proposals for implementing the Energy Union.
Market-based supply prices
Under the Directive, suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between suppliers. They shall ensure the protection of energy poor and vulnerable household customers by social policy or by other means than public interventions in the price setting for the supply of electricity.
The Directive also allows Member States to apply public interventions in the setting of prices for the supply of electricity to other household customers and micro-enterprises with a view to a transition period aimed at establishing effective competition between suppliers and achieving fully efficient market-based retail electricity pricing.
Empowerment and consumer protection
The revised Directive puts consumers at the heart of the energy transition, offering them more choice and increased protection.
Member States shall ensure that all final customers are entitled to have their electricity provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier follows the applicable trading and balancing rules.
Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language.
The Directive also provides for the possibility of switching suppliers free of charge within a maximum of three weeks (and 24 hours by 2026). Household customers shall be entitled to participate in collective switching schemes.
Consumers shall become full market players through:
smart meters: consumers will be able to request the installation of a smart electricity meter at no additional cost, which will inform them of their consumption and costs in near real time. Where final customers do not have smart meters, final customers will need to have individual conventional meters that accurately measure their actual consumption; price comparison tools: household customers and microenterprises with an expected yearly consumption of below 100 000 kWh, shall have access, free of charge, to at least one tool comparing the offers of suppliers, including offers for dynamic electricity price contracts; dynamic electricity pricing contracts: final customers who are equipped with a smart meter will be able to request to conclude a dynamic electricity pricing contract with at least one supplier and with each supplier who has more than 200 000 final customers; citizens' energy cooperatives: final customers will have the right to act as active customers, for example by selling self-generated electricity, without being subject to disproportionate or discriminatory technical requirements, by participating in flexibility and energy efficiency programmes or by joining the citizens' energy communities.
The Electricity Directive also sets out the regulatory framework for transmission and distribution system operators.
ENTRY INTO FORCE: 4.7.2019.
TRANSPOSITION: from 31.12.2020 (some provisions shall be transposed by 31.12.2019 or 25.10.2020 at the latest).
The European Parliament adopted by 551 votes to 72 with 37 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast).
The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows:
Aim
The directive would establish common rules for the production, transmission, distribution, storage and supply of electricity, as well as consumer protection provisions for the creation of truly integrated, competitive, consumer-oriented and flexible, fair and transparent electricity markets in the Union.
The directive also sets out ways of cooperation between Member States, regulatory authorities and transmission system operators with a view to creating a fully interconnected internal electricity market that enhances the integration of electricity produced from renewable sources, free competition and security of supply.
Competitive, consumer-oriented electricity market
Member States should ensure that there are no unjustified barriers within the internal electricity market and ensure a level playing field under which electricity undertakings are subject to transparent, proportionate and non-discriminatory rules, charges and treatment, in particular with regard to balancing liability, access to wholesale markets, access to data, switching procedures and billing schemes and, where applicable, the granting of authorisations.
Market participants from third countries operating in the internal electricity market should comply with applicable Union and national law, including with regard to environmental and safety policy.
Consumer rights
The contract with an electricity supplier should specify, among other things, (i) the services provided, the levels of quality of the services offered, as well as the time required for the initial connection, (ii) the types of maintenance services offered, (iii) the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services can be obtained, (iv) the duration of the contract, the conditions for renewal and termination of the contract and for termination of the services and whether termination of the contract without charge is permitted.
Final customers should receive a summary of the main contractual conditions in a clearly visible manner, and in simple and concise language.
Right to a dynamic electricity pricing contract
Final customers who are equipped with a smart meter could apply to enter into a dynamic pricing electricity contract with at least one supplier and with each supplier who has more than 200,000 end customers. Suppliers should obtain the consent of each end customer before they switch to a dynamic pricing electricity contract.
Right to change supplier
The amended directive provides for the possibility of switching suppliers free of charge within a maximum of three weeks (and 24 hours by 2026). Residential customers would be entitled to participate in collective switching arrangements.
Comparison tools
At least one tool per Member States should cover the whole of the market. Customers should be informed of the availability of such tools in or together with their bills.
Active energy customers
Final consumers would have the right to act as active customers, without being subject to disproportionate or discriminatory technical requirements, or administrative requirements, procedures and charges, and network access charges, which do not reflect costs.
The directive would also empower Member States to allow citizen energy communities to become distribution system operators, either under the general regime or as "closed distribution system operators".
Billing information
Invoices and invoicing information should be accurate, easy to understand, clear, concise, accessible and presented in a form that facilitates comparison by final customers. Upon request, final customers would receive a clear and understandable explanation of how the invoice was issued, in particular when invoices are not issued on the basis of actual consumption. Member States considering amending the content requirements of invoices should consult consumer organisations.
Smart meters
Consumers would be able to request the installation of an intelligent electricity meter that will inform them of their consumption and costs in near real time. They could easily access validated consumption history data and view it easily, securely, on request and at no additional cost. Member States should ensure the deployment of these smart meters but would not be obliged to finance their installation if their cost outweighs the benefits.
Fuel poverty
Member States should ensure that vulnerable and fuel-poor residential customers are protected through social policy or by means other than public intervention in the setting of prices for the supply of electricity. The notion of "vulnerable customers" could include income levels, the share of energy expenditure in disposable income, the energy efficiency of housing, high dependence on electrical equipment for health reasons, age or other criteria.
The Committee on Industry, Research and Energy adopted the report by Krišjānis KARIŅŠ (EPP, LV) on the proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast).
The committee recommended that the European Parliament adopt its position at first reading under the ordinary legislative procedure, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.
Members amended the Commission's proposal as follows:
Aim : the proposed Directive seeks to establish common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated, consumer-centred and flexible electricity markets in the Union.
Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system .
Competitive electricity market : Members considered that national legislation shall ensure a level playing field without discriminating against market players , including those in other Member States. Member States shall ensure that no undue barriers exist for aggregators to enter organised electricity markets, as long as they meet the entry criteria for these markets. Market participants from third countries shall comply with the applicable legislation of the Union and the Member States, including environmental and safety legislation.
It is specified that the amended Directive also sets out means of cooperation among Member States, regulatory authorities and transmission system operators towards the creation of a fully interconnected internal market that increases the integration of renewable electricity, the mechanisms of solidarity among Member States, the free competition and the security of supply.
Consumer rights : the contract with an electricity supplier shall specify, inter alia , the duration of the contract, the conditions for renewal and termination of services including additional products and/or services (bundled services) and of the contract and whether withdrawal from the contract without charge is permitted.
Before the contract is concluded, customers shall, among other things:
be given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given. Suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope, as soon as they have the information on the adjustment, and no later than one month before the adjustment comes into effect in a transparent and comprehensible manner; be provided with a summary of the key contractual conditions (such as the main features of the service, detailed information on prices, conditions for switching and price increase) in concise and simple language on the first page of the contract or together with the contract.
Member States shall ensure that adequate safeguards on the exposure of price changes for final customers are in place to avoid bill shocks or high levels of financial liability.
Right to switch supplier : by 1 January 2022, the technical process of switching supplier shall take no longer than 24 hours and shall be possible on any working day.
Member States may choose to permit suppliers to charge contract termination fees to final customers willingly terminating fixed term, fixed price supply contracts before their maturity provided that the customer has willingly entered into such a contract. Such fees shall be proportionate to the advantage provided to the customer.
Household customers shall be entitled to participate in collective switching schemes.
Comparison tools : at least one tool per Member States shall cover the whole of the market. Customers shall be informed of the availability of such tools in or together with their bills.
Active energy customers : Members want customers who produce, use and sell energy (also known as prosumers or active energy customers because they produce and consume electricity at the same time) are not discriminated.
In particular, Members agreed on clear conditions for creating and exploiting local energy communities , that is, groups of people who produce and consume energy locally. These local networks shall contribute to the costs of the electricity system to which they are connected without distorting competition.
Conditions and standards are set up for local energy communities with networks in order to preserve efficient network planning. These conditions and standards shall also ensure that customers and members in the local energy community receive the same quality and standard of network services that are available to customers outside the local energy community.
All consumers across the EU have the ability to participate in a local energy community. Local energy communities are entitled to share electricity from generation assets within the community between its members or shareholders based on market principles.
Billing information : suppliers shall provide plain and clear information about real energy consumption and costs on each bill. Final customers who have had the same rate for more than two years shall be proactively alerted by their supplier as to whether they could reduce their bills by switching to an alternative, perhaps newer tariff, offered by that same supplier.
Smart meters : consumers may request the installation of a smart electricity meter that will inform them of their consumption and costs at the near real time of use . Validated historical consumption data shall be made easily available and visualised to final customers on at least an in-home display at no additional cost.
Energy poverty : in order to protect vulnerable customers, Member States shall develop action plans to reduce the number of households in energy poverty, including both short-term and long-term objectives and measures and a timeframe for achieving these objectives. Measures may include, inter alia , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers, providing for support for energy efficiency improvements and the prohibition of disconnection of electricity at critical times.
PURPOSE: to recast the common rules for the internal market in electricity.
LEGISLATIVE ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the energy sector plays a key role in the obligation to reduce greenhouse gas emissions in the Union by at least 40% until 2030 with an expected share of 50% of renewables by 2030. The European Parliament adopted a resolution in September 2016 stressing that a well-functioning integrated energy market is the best tool to guarantee affordable energy prices, secure energy supplies and to allow for the integration and development of larger volumes of electricity produced from renewable sources in a cost efficient manner.
The current electricity market design is based on the rules of the Third Energy Package , adopted in 2009. The latter has brought tangible progress for consumers but new developments have led to fundamental changes in European electricity markets. The share of electricity generated from renewable energy sources (RES-E) has steeply increased, and this shift will continue as it is a key condition to fulfilling the Union's obligations under the Paris Agreement on climate. In parallel, state interventions , often designed in an uncoordinated manner, have led to distortions of the wholesale electricity market, with negative consequences for investments and cross-border trade. Significant changes are also taking place on the technological side. The shortcomings of the current market arrangements also reduce the attractiveness of the energy sector for new investment. At the level of wholesale markets, barriers to cross-border trade persist and interconnector capacities are rarely fully exploited. With regards to retail markets, competition performance could be significantly improved.
Furthermore, fully integrating industrial, commercial and residential consumers into the energy system can avoid significant costs for 'backup' generation - costs which consumers would otherwise end up paying. Delivering a new deal for energy consumers is a key commitment of the Energy Union.
The present electricity market design initiative thus aims to put consumers at the heart of the energy market , and adapt the current market rules to new market realities, by allowing electricity to move freely to where it is most needed when it is most needed via undistorted price signals, whilst empowering consumers , reaping maximum benefits for society from cross-border competition and providing the right signals and incentives to drive the necessary investments to decarbonise our energy system. It will also give priority to energy efficiency solutions, and contribute to the goal of becoming a world leader in energy production from renewable energy sources, thus contributing to the Union's target to create jobs, growth and attract investments.
The proposal for a recast of the Regulation on the electricity market, this proposal the recast of the Directive on common rules for the internal market in electricity, and the proposal on the recast of the Regulation establishing a European Agency for the Cooperation of Energy Regulators are part of the Commission's broader package of initiatives ("Clean Energy for All"). That Package comprises the Commission's key proposals to implement the Energy Union.
The proposal is also closely linked to the proposal for a revised Renewable Energy Directive, providing for a framework to achieve the 2030 renewable target, including principles in relation to support schemes for renewable energy sources.
IMPACT ASSESSMENT: all proposed measures are supported by the impact assessment, on which the Regulatory Scrutiny Board issued a positive opinion on 7 November 2016. The impact assessment endorsed an enhancement of current market rules in order to create a level-playing field among all generation technologies and resources by removing existing market distortions .
Regarding the retail market , the preferred option included Member States being encouraged to progressively phase-out blanket price regulation, starting with prices below cost. Vulnerable consumers can be protected by a transitional price regulation.
CONTENT: the draft Directive contains eight Chapters, the main provisions of which may be summarised as follows:
Objectives : the draft directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated, consumer-centred and flexible electricity markets in the Union. The Directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators.
General rules for the organisation of the sector : the general principle is that Member States have to ensure that the EU electricity market is competitive, consumer-centred, flexible and non-discriminatory. The text emphasises that national measures should not unduly hamper cross-border flows, consumer participation or investments . It further enshrines the principle that supply prices shall be market-based, subject to duly justified exceptions. The Chapter also clarifies certain principles relating to the functioning of the EU electricity markets, such as the right to choose a supplier. It also provides for updated rules on possible public service obligations that may be imposed by Member States on energy undertakings under certain circumstances.
Consumer empowerment and protection : this Chapter reinforces pre-existing consumer rights and introduces new rights that aim at putting consumers at the heart of the energy markets by ensuring that they are empowered and better protected. The proposal:
contains rules on clearer billing information and on certified comparison tools; sets out provisions ensuring that consumers are able to freely choose and change suppliers or aggregators, are entitled to a dynamic price contract and are able to engage in demand response, self-generation and self-consumption of electricity; entitles every consumer to request a smart meter equipped with a minimum set of functionalities; aims to ensure that energy poverty is addressed by Member States; requires Member States to define frameworks for independent aggregators and for demand response along principles that enable their full participation in the market; defines a framework for local energy communities which may engage in local energy generation, distribution, aggregation, storage, supply or energy efficiency services; provides clarification on pre-existing provisions on smart meters, single points of contacts, and rights to out-of-court settlement, universal service and vulnerable consumers.
Distribution system operation (DSO) : the text clarifies the tasks of DSOs, notably relating to the activities of DSOs concerning the procurement of network services to ensure flexibility, the integration of electrical vehicles and data management. It also clarifies the role of DSOs with respect to storage and recharging points for electric vehicles.
General rules applicable to the transmission system operator (TSO) : this Chapter summarises the rules, providing only some clarifications concerning ancillary services and the new Regional Operational Centres.
Unbundling of TSOs : the rules on unbundling as developed in the Third Energy Package, remains unchanged as concerns the main substantive rules on unbundling, notably with respect to the three regimes for TSOs (ownership unbundling, independent system operator and independent transmission operator), as well as with respect to the provisions on TSO designation and certification. It only provides a clarification on the possibility for TSOs to own storage or to provide ancillary services.
Independent system operator : the proposal notably emphasises the obligation of regulators to cooperate with neighbouring regulators and ACER in case issues of cross-border relevance are concerned and updates the list of tasks of regulators, inter alia with respect to the supervision of the newly created Regional Operational Centres.
Final provisions : this Chapter changes some general provisions, inter alia on derogations to the Directive, exercise of delegated powers by the Commission and the Committee established under comitology rules pursuant to Regulation (EU) No 182/2011.
The new Annexes to the proposed Directive set out more requirements on comparison tools, billing and billing information and amends pre-existing requirements for smart meters and their roll-out.
BUDGETARY IMPLICATIONS: the budgetary impact associated to the proposal under this package concerns the resources of the Agency for the Cooperation of Energy Regulators (ACER). Essentially, the new tasks to be carried out by ACER, notably as regards the assessment of system adequacy and the establishment of Regional Operation Centres, require a phasing in of 18 additional full-time staff in the Agency in 2020, as well as corresponding financial resources.
Documents
- Commission response to text adopted in plenary: SP(2019)437
- Final act published in Official Journal: Directive 2019/944
- Final act published in Official Journal: OJ L 158 14.06.2019, p. 0125
- Draft final act: 00010/2019/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0226/2019
- Debate in Parliament: Debate in Parliament
- Text agreed during interinstitutional negotiations: PE634.478
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE634.478
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)000681
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)000681
- Contribution: COM(2016)0864
- Committee report tabled for plenary, 1st reading: A8-0044/2018
- Committee opinion: PE604.859
- Amendments tabled in committee: PE609.626
- Amendments tabled in committee: PE609.627
- Amendments tabled in committee: PE609.628
- Amendments tabled in committee: PE610.738
- Amendments tabled in committee: PE610.807
- Opinion on the recast technique: PE609.387
- Contribution: COM(2016)0864
- Debate in Council: 3554
- Committee draft report: PE597.758
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0410
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0411
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0412
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0413
- Legislative proposal published: COM(2016)0864
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0410
- Document attached to the procedure: EUR-Lex SWD(2016)0411
- Document attached to the procedure: EUR-Lex SWD(2016)0412
- Document attached to the procedure: EUR-Lex SWD(2016)0413
- Committee draft report: PE597.758
- Opinion on the recast technique: PE609.387
- Amendments tabled in committee: PE609.628
- Amendments tabled in committee: PE610.738
- Amendments tabled in committee: PE610.807
- Amendments tabled in committee: PE609.626
- Amendments tabled in committee: PE609.627
- Committee opinion: PE604.859
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)000681
- Text agreed during interinstitutional negotiations: PE634.478
- Draft final act: 00010/2019/LEX
- Commission response to text adopted in plenary: SP(2019)437
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
- Contribution: COM(2016)0864
Activities
- Xabier BENITO ZILUAGA
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Bogdan Andrzej ZDROJEWSKI
Plenary Speeches (1)
Amendments | Dossier |
286 |
2016/0380(COD)
2017/08/03
ENVI
286 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 Directive 2009/72/EU Article 1 This Directive establishes common rules for the generation, transmission,
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated
Amendment 102 #
Proposal for a directive Article 2 – paragraph 1 – point 5 5. 'non-household customer' means a natural or legal person purchasing electricity which is not for their own household use and includes producers, public, commercial and industrial customers, small and medium sized enterprises, businesses and wholesale customers;
Amendment 103 #
Proposal for a directive Article 2 – paragraph 1 – point 6 6.
Amendment 104 #
Proposal for a directive Article 2 – paragraph 1 – point 6 6. ‘active customer’ means a customer or a group of jointly acting customers, including a multi-apartment block, a commercial, industrial or shared service site, or a closed distribution system, who consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 105 #
Proposal for a directive Article 2 – paragraph 1 – point 7 7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity, which is based on open participation, is effectively controlled by local shareholders or members,
Amendment 106 #
Proposal for a directive Article 2 – paragraph 1 – point 7 a (new) 7a. 'energy poverty' means a household's inability to afford the necessary domestic energy services so that basic humane standard levels of comfort and health can be guaranteed, as such costs represent a significant proportion of the disposable income; (To be added as new point 8.)
Amendment 107 #
Proposal for a directive Article 2 – paragraph 1 – point 11 11.
Amendment 108 #
Proposal for a directive Article 2 – paragraph 1 – point 18 18. ‘smart metering system’ means an electronic system that can measure energy consumption, providing more information than a conventional meter, and can transmit and receive data, such as details of customers’ consumption habits, for information, monitoring and control purposes, using a form of electronic communication;
Amendment 109 #
Proposal for a directive Article 2 – paragraph 1 – point 20 Amendment 110 #
Proposal for a directive Article 2 – paragraph 1 – point 23 23. 'distribution system operator' means a natural or legal person responsible for operating, ensuring the maintenance of and, if necessary, developing the distribution system or integrated electricity storage in a given area and, where applicable, its interconnections with other systems and for ensuring the long-
Amendment 111 #
Proposal for a directive Article 2 – paragraph 1 – point 25 25. ‘ energy from renewable sources’ means energy from variable renewable non-fossil sources , in particular wind, solar (solar
Amendment 112 #
Proposal for a directive Article 2 – paragraph 1 – point 38 38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;
Amendment 113 #
Proposal for a directive Article 2 – paragraph 1 – point 39 39. 'regional security coordinator operational centre' means the regional security coordinator operational centre as defined in
Amendment 114 #
Proposal for a directive Article 2 – paragraph 1 a (new) 49. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources, community networks and demand response, which are provided to the electrical network, through either the meter in the customer's premise, or the distribution network.
Amendment 115 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply. Member States may, however, employ regulated tariffs, provided that these do not pose an obstacle to greater competition and the development of a competitive market.
Amendment 116 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that their national legislation
Amendment 117 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that their national legislation does not unduly hamper scheduled cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.
Amendment 118 #
Proposal for a directive Article 3 – paragraph 2 Directive 2009/72/EC Article 3 – paragraph 2 2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings and for demand response providers.
Amendment 119 #
Proposal for a directive Article 3 – paragraph 2 2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings by any producer.
Amendment 120 #
Proposal for a directive Article 3 – paragraph 2 2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation
Amendment 121 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. Each Member State shall ensure that its level of electricity interconnection is equivalent to at least 10% of their installed production capacity by 2020, with a view to reaching a more ambitious level by 2030. In order to achieve these levels, Member States, regulatory authorities and transmission system operators shall cooperate with each other towards the creation of a fully interconnected internal market integrating isolated systems forming electricity islands.
Amendment 122 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. Member States shall take necessary measures to prevent unscheduled flows of electricity from their territory to neighbouring Member States' territories.
Amendment 123 #
Proposal for a directive Article 4 – paragraph 1 Member States shall ensure that all customers are free to purchase electricity from the producer or supplier of their choice
Amendment 124 #
Proposal for a directive Article 5 – paragraph 1 1. Electricity suppliers shall be free to
Amendment 125 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure the protection of energy poor or vulnerable customers
Amendment 126 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall
Amendment 127 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner
Amendment 128 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure the protection of energy poor or vulnerable customers at risk of energy poverty in a targeted manner by other means than public interventions in the price-setting for the supply of electricity.
Amendment 129 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure the protection of
Amendment 130 #
Proposal for a directive Article 5 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers
Amendment 131 #
Proposal for a directive Article 5 – paragraph 3 3. By way of derogation from paragraphs
Amendment 132 #
Proposal for a directive Article 5 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions
Amendment 133 #
Proposal for a directive Article 5 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date –
Amendment 134 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 1 Amendment 135 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 1 Amendment 136 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 1 After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers which are not replicable in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply
Amendment 137 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 2 Member States shall notify the measures taken in accordance with the
Amendment 138 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 3 The Commission may
Amendment 139 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 4 Amendment 140 #
Proposal for a directive Article 5 – paragraph 4 – subparagraph 4 a (new) Five years following the entry into force of this Article the Commission may propose to phase out the Member States' right to intervene in price setting according to paragraph 3 if the market conditions allow introducing unregulated prices in the manner that not threaten poor and vulnerable consumers.
Amendment 141 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) all electricity producers and electricity supply undertakings established within their territory to supply their own premises, subsidiaries and customers through a direct line without being subject to disproportionate administrative procedures or costs related for instance to the need for a supply license;
Amendment 142 #
Proposal for a directive Article 7 – paragraph 1 – point b (b) all customers within their territory individually or jointly, to be supplied through a direct line by a producer and supply undertakings.
Amendment 143 #
Proposal for a directive Article 7 – paragraph 2 2. Member States shall lay down the criteria for the grant of authorisations for the construction of direct lines in their territory. Those criteria shall be objective and non-discriminatory and promote the procurement of energy from variable renewable sources by corporate customers, in accordance with art. 15.9 of [Recast Renewable Energy Directive].
Amendment 144 #
Proposal for a directive Article 7 – paragraph 3 3. The possibility of supplying electricity through a direct line as referred to in paragraph 1 shall not affect the possibility of contracting electricity in accordance with Article 6 and shall not affect the right of the customer to sign a second supply contract for the residual electricity demand.
Amendment 145 #
Proposal for a directive Article 8 – paragraph 1 Directive 2009/72/EC Article 8 – paragraph 1 1.
Amendment 146 #
Proposal for a directive Article 8 – paragraph 2 – point f a (new) Directive 2009/72/EC Article 8 – paragraph 2 – point f (fa) the demand response potential in the affected area
Amendment 147 #
Proposal for a directive Article 8 – paragraph 2 – point k (k) the contribution of generating capacity to reducing emissions and decarbonisation of electricity generation by 2050.
Amendment 148 #
Proposal for a directive Article 8 – paragraph 3 – subparagraph 2 Member States
Amendment 149 #
Proposal for a directive Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new) - the contribution of each energy source to the overall fuel mix of the supplier (at national level i.e. in the Member States where the supply contract has been concluded, as well as at EU level if the supplier is active in several Member States) over the preceding year in a comprehensive and clearly comparable manner;
Amendment 150 #
Proposal for a directive Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 b (new) - the average CO2 intensity of the electricity mix of the supplier (at national level i.e. in the Member State where the supply contract has been concluded, as well as at EU level if the supplier is active in several Member States) over the preceding year;
Amendment 151 #
Proposal for a directive Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 c (new) - the contribution of each energy source to the electricity purchased by the customer in accordance with the supply contract (product level disclosure);
Amendment 152 #
Proposal for a directive Article 10 – paragraph 2 – point a – paragraph 2 Conditions shall be fair and well-known in advance. In any case, this information should be provided prior to the conclusion or confirmation of the contract. It shall also be easily available to the customer after the confirmation of the contract. Where contracts are concluded through intermediaries, the information relating to the matters set out in this point shall also be provided prior to the conclusion of the contract;
Amendment 153 #
Proposal for a directive Article 10 – paragraph 2 – point j a (new) (ja) (k) are entitled to sign one or more single-buyer or multiple-buyer power purchase agreements with on-site, nearby and off-site electricity generating installations without being subject to disproportionate and unfair costs and administrative procedures.
Amendment 154 #
Proposal for a directive Article 11 – paragraph 1 1. Without prejudice to the provisions of Article 5(3) on public interventions in price setting for the supply of electricity for energy-poor or vulnerable household customers, Member States shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplier.
Amendment 155 #
Proposal for a directive Article 11 – paragraph 1 1. Member States which so wish shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplier.
Amendment 156 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract, including as regards the confidentiality and processing of personal data, such as details of customers' consumption habits.
Amendment 157 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract and can terminate it if it proves too expensive.
Amendment 158 #
Proposal for a directive Article 11 – paragraph 3 3. Member States, through their
Amendment 159 #
Proposal for a directive Article 11 – paragraph 3 Directive 2009/72/EC Article 11 – paragraph 3 3. Member States, through their National Regulatory Authorities, shall monitor and report annually, for at least a ten-year period after such contracts become available, on the main developments of such contracts including market offers, the impact on consumers' bills and specifically the level of price volatility as well as the share of the energy component in the consumer bill, and on consumers' sensitivity to the level of financial risk.
Amendment 160 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that a customer wishing to change supplier, while respecting contractual conditions, is entitled to such change within
Amendment 161 #
Proposal for a directive Article 12 – paragraph 3 3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity, unless termination is not prompted by a clear failure to provide services. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
Amendment 162 #
Proposal for a directive Article 12 – paragraph 3 Directive 2009/72/EC Article 12 – paragraph 3 3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge reasonable contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract, as verified by the national regulatory authority.
Amendment 163 #
Proposal for a directive Article 13 – paragraph 2 Directive 2009/72/EC Article 13 – paragraph 2 2. Member States shall ensure that a final customer wishing to terminate
Amendment 164 #
Proposal for a directive Article 13 – paragraph 4 4. Member States shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per
Amendment 165 #
Proposal for a directive Article 15 – paragraph 1 – point a (a) are entitled to generate, store, consume
Amendment 166 #
Proposal for a directive Article 15 – paragraph 1 – point a (a) are entitled, from variable renewable energy sources, to generate, store, consume and sell with priority access self-generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges
Amendment 167 #
Proposal for a directive Article 15 – paragraph 1 – point a Directive 2009/72/EC Article 15 – paragraph 1 – point a (a) are entitled to generate, store, consume and sell self-generated electricity in all organised markets either individually or through aggregators without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 168 #
Proposal for a directive Article 15 – paragraph 1 – point a a (new) (aa) are not subject to double network costs and/or taxation, resulting from the storage and reuse of previously stored energy;
Amendment 169 #
Proposal for a directive Article 15 – paragraph 1 – point b (b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line with Article 59(8). For exchange of small scale power locally, these charges should be optional or at least proportionate to the distance of electricity transfer through the development of a tariff structure that reflects both km and kWh transferred;
Amendment 170 #
Proposal for a directive Article 15 – paragraph 1 – point b Directive 2009/72/EC Article 15 – paragraph 1 – point b (b) are subject to cost reflective, transparent and non-discriminatory network charges,
Amendment 171 #
Proposal for a directive Article 15 – paragraph 1 – point b (b) are subject to cost reflective, transparent and non-discriminatory network charges,
Amendment 172 #
Proposal for a directive Article 15 – paragraph 1 – point b a (new) (ba) (c) who self-consume or provide services with their self-generated electricity are free of charges on that self- generated and consumed electricity at least until a cost-benefit analysis on self- generation and consumption shows that the macro-economic costs outweigh the benefits of self-consumed and/or generated electricity. Such cost-benefit analysis shall consider induced externalities, network upgrade needs, support payments, value-added tax, network charges as well as other taxes and levies.
Amendment 173 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. are not subject to charges on self- generated and consumed electricity at least until a cost-benefit analysis on self- generation and consumption proves that the macro-economic costs outweigh the benefits of self-consumed and/or generated electricity. Such cost-benefit analysis shall include externalities, network upgrade needs, support payments, value added tax, network charges as well as other taxes and levies.
Amendment 174 #
Proposal for a directive Article 15 – paragraph 2 2. The energy installation required for the activities of the active customer may be owned or managed by a third party acting on behalf of a customer or a group of customers for installation, operation, including metering and maintenance.
Amendment 175 #
Proposal for a directive Article 15 – paragraph 2 2. The energy installation required for the activities of the active customer may be managed or owned by a third party for installation, operation, including metering and maintenance or leasing.
Amendment 176 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. 3. Member States shall ensure that active consumers owning a storage facility: (a) have the right to a grid connection within a reasonable time following the request; (b) are not subject to additional taxes, surcharges, or fees for the electricity stored in the storage facility or, in the case of small scale local power exchange, exchanging power among end-users; (c) are distinguished from generators and not subject to related licensing requirements and fees; and (d) are allowed to provide several services simultaneously, if technically feasible.
Amendment 177 #
Proposal for a directive Article 15 a (new) Amendment 178 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) are entitled to own, establish, or lease
Amendment 179 #
Proposal for a directive Article 16 – paragraph 1 – point a (a)
Amendment 180 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) are entitled to
Amendment 181 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) benefit from a non-discriminatory treatment with regard to their activities, rights and obligations as final customers, generators, suppliers, distribution system operators or aggregators;
Amendment 182 #
Proposal for a directive Article 16 – paragraph 1 – point d (d) are subject to fair, proportionate and transparent procedures and cost reflective charges. May be exempt from charges when distributing electricity to its members, in so long as this transfer happens within a 100m radius and includes a generating installation using renewable energy with an installed electricity capacity of less that 500 kW;
Amendment 183 #
Proposal for a directive Article 16 – paragraph 2 – point -a (new) (-a) final customers are entitled to participate in a local energy community;
Amendment 184 #
Proposal for a directive Article 16 – paragraph 2 – point d (d) Article 8 (3) applies to generating capacity installed by renewable energy communities, as a subcategory of local energy communities, as long as such capacity can be considered small decentralised or distributed generation;
Amendment 185 #
Proposal for a directive Article 16 – paragraph 2 – point e Directive 2009/72/EC Article 16 – paragraph 2 – point e Amendment 186 #
Proposal for a directive Article 16 – paragraph 2 – point f (f) where relevant, a local energy community may conclude an agreement with a distribution system operator to which their network is connected on the operation of the local energy community's network and on the storage of electricity;
Amendment 187 #
Proposal for a directive Article 16 – paragraph 2 – point h (h) where relevant local energy communities
Amendment 188 #
Proposal for a directive Article 16 – paragraph 2 a (new) Directive 2009/72/EC Article 16 – paragraph 2 a (new) 2a. Where a local energy community performs activities of a distribution system operator, provisions of Chapter IV shall apply;
Amendment 189 #
Proposal for a directive Article 16 – paragraph 2 b (new) 2b. Member States, through their National Regulatory Authorities, shall monitor market access, treatment and procedures and charges applied to local energy communities, the impact of local energy communities on competition and consumer empowerment and protection, and local community benefits including their contribution towards alleviating energy poverty. They shall report annually to the Commission and, when appropriate, to national competition authorities in accordance with Article 59 paragraph 1(n).
Amendment 190 #
Proposal for a directive Article 17 – paragraph 3 – introductory part 3. Member States shall ensure that their regulatory framework
Amendment 191 #
Proposal for a directive Article 17 – paragraph 3 – introductory part Directive 2009/72/EC Article 17 – paragraph 3 3. Member States shall ensure that
Amendment 192 #
Proposal for a directive Article 17 – paragraph 3 – point b Directive 2009/72/EC Article 17 – paragraph 3 – point b (b) transparent rules clearly assigning roles and responsibilities to all market participants, including on operational security;
Amendment 193 #
Proposal for a directive Article 17 – paragraph 3 – point d Amendment 194 #
Proposal for a directive Article 17 – paragraph 3 – point d Amendment 195 #
Proposal for a directive Article 17 – paragraph 3 – point d Directive 2009/72/EC Article 17 – paragraph 3 – point d (d)
Amendment 196 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 1 Directive 2009/72/EC Article 17 – paragraph 4 – subparagraph 1 In order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants, the aggregator should always be responsible for the balancing of the volumes he has committed and delivers during the activation of demand response activities. Member States may exceptionally allow compensation payments between aggregators and balance responsible parties. Such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost.
Amendment 197 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 1 In order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants, Member States
Amendment 198 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 1 In order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants, Member States may
Amendment 199 #
Proposal for a directive Article 17 – paragraph 5 a (new) 5a. Member States shall ensure that no undue barriers exist for aggregators to enter organised electricity markets, as long as they meet the entry criteria for these markets. The criteria shall be set by Member States in a transparent and non- discriminatory manner, while taking into account the reliable and secure operation of the transmission and distribution networks.
Amendment 200 #
Proposal for a directive Article 18 – paragraph 2 2. Member States ensure that final customers receive all their bills and billing information for electricity consumption free of charge and that bills are clear, accurate and easy to understand, with clear explanation and justification of all other costs and taxes included in the bills.
Amendment 201 #
Proposal for a directive Article 18 – paragraph 3 – subparagraph 1 Directive 2009/72/EC Article 18 – paragraph 3 Billing shall take place on the basis of actual consumption at least once a year. Billing and consumption information shall be made available
Amendment 202 #
Proposal for a directive Article 18 – paragraph 3 – subparagraph 1 a (new) In the case of vulnerable customers, billing and billing information should be limited to actual electricity consumption, the cost of the system and any relevant taxes.
Amendment 203 #
Proposal for a directive Article 19 – paragraph 1 1. In order to promote energy efficiency and empower customers , Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity, inter alia by providing
Amendment 204 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure the implementation of smart metering systems in their territories that shall assist the active participation of customers in the electricity market. Such implementation may be subject to a cost-benefit assessment which shall be undertaken according to the principles laid down in Annex III. When that assessment is carried out, a figure shall be put on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters, so that public and economic actors are aware of the social repercussions of such changes in the arrangements for the distribution of electricity.
Amendment 205 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure, where proportionate, cost effective and technically feasible, the implementation of smart metering systems in their territories that shall assist the active participation of customers in the electricity market. Such implementation
Amendment 206 #
Proposal for a directive Article 19 – paragraph 2 2. When appropriate Member States shall
Amendment 207 #
Proposal for a directive Article 19 – paragraph 3 3. Member States that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in Article 20 and Annex III, while taking into account the existing functionalities of already installed smart metering systems. Member States shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms. To this respect, Member States shall have due regard to the use of relevant available standards including those enabling interoperability, best practices and the importance of the development of the internal market in electricity.
Amendment 208 #
Proposal for a directive Article 19 – paragraph 3 3. Member States that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in Article 20 and Annex III. Member States shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms, whilst guaranteeing optimum protection of personal data. To this respect, Member States shall have due regard to the use of relevant available standards including those enabling interoperability, best practices and the importance of the development of the internal market in electricity.
Amendment 209 #
Proposal for a directive Article 19 – paragraph 3 3. Member States that proceed with deployment sh
Amendment 210 #
Proposal for a directive Article 19 – paragraph 4 4. Member States that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll-out in a transparent and non-discriminatory manner. Member States shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain, including the delivery of net benefits to consumers. Member States shall also put a figure on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters.
Amendment 211 #
Proposal for a directive Article 19 – paragraph 5 5. When the deployment of smart metering is negatively assessed as a result of cost-benefit assessment referred to in paragraph 2, Member States shall ensure that this assessment is revised periodically in response to changes in the underlying assumptions and to technology and market developments. Member States shall draw up consolidated statistics, covering several years, on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters. Member States shall notify to the responsible Commission services the outcome of their updated economic assessment as it becomes available.
Amendment 212 #
Proposal for a directive Article 20 – paragraph 1 – point b (b) the security of the smart metering systems and data communication is ensured in compliance with relevant
Amendment 213 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the privacy and data protection of final customers is ensured in compliance with relevant
Amendment 214 #
Proposal for a directive Article 20 – paragraph 1 – point d (d) meter operators shall ensure that the meter or meters of active customers who self-generate electricity can accurately account for electricity put into the grid from the active customers' premises;
Amendment 215 #
Proposal for a directive Article 21 – paragraph 1 – introductory part 1. Where smart metering is negatively assessed as a result of cost-benefit assessment referred to in Article 19(2), nor systematically rolled out, Member States shall ensure that every final customer
Amendment 216 #
Proposal for a directive Article 21 – paragraph 1 – point a Directive 2009/72/EC Article 21 – paragraph 1 – point a (a) is equipped
Amendment 217 #
Proposal for a directive Article 22 – paragraph 1 1. Where final customers do not have smart meters, Member States shall ensure that they are provided with individual conventional meters that accurately measure their actual consumption, whilst guaranteeing protection of personal data, such as details of customers' consumption habits.
Amendment 218 #
Proposal for a directive Article 23 – paragraph 1 1. When setting up the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the eligible parties which may have access to data of the final customer, for example statistics on customers’ consumption habits, with their explicit consent in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council44. For the purpose of this Directive, data shall include metering and consumption data as well as data required for consumer switching. Eligible parties shall include at least customers, suppliers, transmission and distribution system operators, aggregators, energy service companies, and other parties which provide energy or other services to customers. _________________ 44 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 219 #
Proposal for a directive Article 23 – paragraph 2 2. Member States shall organise the management of data in order to ensure efficient data access and exchange. Independently of the data management model applied in each Member State, the party or parties responsible for data management shall provide to any eligible party with the explicit consent of the final customer, access to the data of the final customer. Eligible parties should have at their disposal in a non-discriminatory manner and simultaneously the requested data. Access to data shall be easy, while relevant procedures shall be made publicly available. The confidentiality of data concerning customers' consumption habits shall be guaranteed throughout the course of the exchanges between the parties.
Amendment 220 #
Proposal for a directive Article 24 – paragraph 2 Amendment 221 #
Proposal for a directive Article 24 – paragraph 2 2. The Commission, by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 68, shall determine a set of principles for a common European data format and non-
Amendment 222 #
Proposal for a directive Article 26 – paragraph 1 Directive 2009/27/EC Article 26 Member States shall ensure that
Amendment 223 #
Proposal for a directive Article 28 – paragraph 1 1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers, taking into account specific circumstances of a particular Member State, which may refer to energy poverty and, inter alia, to the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure that rights and obligations linked to vulnerable customers are applied. In particular, they shall take measures to protect customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.
Amendment 224 #
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable c
Amendment 225 #
Proposal for a directive Article 28 – paragraph 2 Directive 2009/72/EC Article 28 – paragraph 2 2. Member States shall take appropriate measures, such as formulating national energy action plans, providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers, or providing for support for energy efficiency improvements, for instance by local energy communities, taking into account the assessment undertaken pursuant to Section A.3.1.2 of Annex I of [Governance Regulation COM(2016)759], to address energy poverty where identified, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with the provisions of Article 9(4)
Amendment 226 #
Proposal for a directive Article 28 – paragraph 2 Amendment 227 #
Proposal for a directive Article 29 – paragraph 1 Amendment 228 #
Proposal for a directive Article 29 – paragraph 1 Member States shall define a common set of criteria for the purposes of measuring energy poverty. Member States shall introduce measures including funding to decrease and prevent energy poverty. The set of measures shall include advisory services focussed on energy poverty carried out with relevant other services such as social services. Member States shall continuously monitor the number of households in energy poverty and shall report on the evolution of energy poverty and measures taken to reduce and prevent it to the Commission every two years as part of their Integrated National Energy and Climate Progress Reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759]. Member States shall also use the energy poverty measurements figures when reporting on the Sustainable Development Goals, namely Goal 7.1 on universal access to affordable, reliable and modern energy services. Furthermore, the Member States shall provide support for the development of more efficient heating and cooling technologies to tackle energy poverty.
Amendment 229 #
Proposal for a directive Article 29 – paragraph 1 Member States shall define a set of criteria for the purposes of measuring energy poverty
Amendment 230 #
Proposal for a directive Article 29 – paragraph 1 Member States shall define a set of criteria for the purposes of measuring energy poverty and adopt a broad and common definition of energy poverty within the context of a new Commission Communication and action plan on energy poverty. Member States shall continuously monitor the number of households in energy poverty and the number of consumers at risk of energy poverty. The Member States shall report on the evolution of energy poverty and measures taken to prevent it to the Commission every two years as part of their Integrated National Energy and Climate Progress Reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759].
Amendment 231 #
Proposal for a directive Article 31 – paragraph 5 5. Each distribution system operator shall procure the energy it uses to cover energy losses and the non-frequency ancillary services in its system according to transparent, non-discriminatory and market based procedures, whenever it has such a function. Unless justified by a cost-benefit analysis, the procurement of non-frequency ancillary services by a distribution system operator shall be transparent, non- discriminatory, prioritizing generation from renewable sources and market-based ensuring effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants, to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants .
Amendment 232 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 2 Distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants
Amendment 233 #
Proposal for a directive Article 33 – paragraph 1 1. Member States shall provide the necessary regulatory framework to
Amendment 234 #
Proposal for a directive Article 33 – paragraph 1 Directive 2009/72/EC Article 33 – paragraph 1 1. Member States shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points according to the definition of Article 8, paragraph 2 of the Energy Performance of Buildings Directive [revised] to the distribution networks. Member States shall ensure that distribution system operators cooperate on a non-
Amendment 235 #
Proposal for a directive Article 33 – paragraph 1 1. Member States shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the transmission or distribution networks. Member States shall ensure that transmission system operators and distribution system operators cooperate on a non-
Amendment 236 #
Proposal for a directive Article 33 – paragraph 4 Amendment 237 #
Proposal for a directive Article 33 – paragraph 4 4. Member States shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to own, develop, operate or manage recharging points for electric vehicles. In case the public consultation indicates that third parties are able to own, develop, operate or manage such points, Member States which so wish shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 238 #
Member States shall ensure that all eligible parties have non-discriminatory access to data under clear and equal terms. In Member States where smart metering systems have been implemented according to Article 19 and distribution system operators are involved in data management, compliance programmes as set in Article 35(2)(d) shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in Article 23. Member States shall guarantee customers' privacy and the confidentiality of the data concerning their consumption habits. Where distribution system operators are not subject to Article 35(1), (2) and (3), Member States shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activity.
Amendment 239 #
Proposal for a directive Article 36 – paragraph 1 Amendment 240 #
Proposal for a directive Article 36 – paragraph 1 1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities to provide balancing services or which are used to sell electricity to the market.
Amendment 241 #
Proposal for a directive Article 36 – paragraph 1 1. Distribution system operators
Amendment 242 #
Proposal for a directive Article 36 – paragraph 2 – introductory part Amendment 243 #
Proposal for a directive Article 36 – paragraph 2 – introductory part 2.
Amendment 244 #
Proposal for a directive Article 36 – paragraph 2 – introductory part 2.
Amendment 245 #
Proposal for a directive Article 36 – paragraph 2 – point a (a) other parties, following an open and transparent tendering procedure, have not expressed their interest to own, develop, manage or operate such storage facilities
Amendment 246 #
Proposal for a directive Article 36 – paragraph 2 – point a (a)
Amendment 247 #
Proposal for a directive Article 36 – paragraph 2 – point b (b) such facilities are necessary for the distribution system operators to fulfil
Amendment 248 #
Proposal for a directive Article 36 – paragraph 2 – point b Directive 2009/72/EC Article 36 – paragraph 2 – point b (b) such facilities are
Amendment 249 #
Proposal for a directive Article 36 – paragraph 2 – point b (b)
Amendment 250 #
Proposal for a directive Article 36 – paragraph 2 – point b (b) such facilities are necessary for the distribution system operators to fulfil their obligations under this Directive for the efficient, reliable and secure operation of the distribution system;
Amendment 251 #
Proposal for a directive Article 36 – paragraph 2 – point c Amendment 252 #
Proposal for a directive Article 36 – paragraph 2 – point c (c) the regulatory authority has assessed th
Amendment 253 #
Proposal for a directive Article 36 – paragraph 3 3. Articles 35 and 56 shall apply to distribution system operators engaged in ownership, development, operation and/or management of energy storage facilities.
Amendment 254 #
4. Regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the cost-benefit analysis and public consultation indicates that third parties are able to own, develop, operate or manage such facilities cost-efficiently, Member States shall ensure that
Amendment 255 #
Proposal for a directive Article 36 – paragraph 4 – subparagraph 1 (new) 5. Member States shall be allowed to support the development of a basic network of publicly accessible recharging points, in order to eliminate barriers to the initial development of electro-mobility.
Amendment 256 #
Proposal for a directive Article 37 – paragraph 1 Without prejudice to Article 55 or any other legal duty to disclose information, the distribution system operator must preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its business, such as data on customers’ consumption habits, and shall prevent information about its own activities which may be commercially advantageous being disclosed in a discriminatory manner.
Amendment 257 #
Proposal for a directive Article 40 – paragraph 1 – point d (d) managing electricity flows on the system, taking into account exchanges with other interconnected systems. To that end, the transmission system operator shall be
Amendment 258 #
Proposal for a directive Article 40 – paragraph 1 – point j (j) adopting a framework for the cooperation and coordination between regional security cooperator operational centres.
Amendment 259 #
Proposal for a directive Article 40 – paragraph 1 – point j a (new) (ja) ensuring the efficient and secure integration of renewable energy sources, at least through central monitoring and control of renewable energy production units with installed capacity higher than 10 MW, including facilities connected to distribution networks within the TSO control area;
Amendment 26 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof, and Article 4 thereof, which stipulates that competence in the area of energy policy is shared between the Union and the Member States,
Amendment 260 #
Proposal for a directive Article 40 – paragraph 1 – point j b (new) (jb) digitalisation of transmission systems to ensure, among others, efficient real time data acquisition and use, smart substations;
Amendment 261 #
Proposal for a directive Article 40 – paragraph 1 – point j c (new) (jc) data management, cyber security and data protection;
Amendment 262 #
Proposal for a directive Article 40 – paragraph 2 2. Member States may provide that one or several responsibilities listed under points (a) to (j) of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable, subject to a formal and justified request from the transmission system operator willing to transfer any of its responsibilities and the approval of the concerned Member States. The transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in Article 43, but does not have to own the transmission system it is responsible for. The transmission system operator which owns the transmission system shall fulfil the requirements provided for in Chapter VI and be certified in accordance with
Amendment 263 #
Proposal for a directive Article 40 – paragraph 3 3. In performing the tasks listed in paragraph 1, the transmission system operator shall take into account the services functions performed by the regional security cooperator operational centres and cooperate as necessary with neighbouring transmission system operators.
Amendment 264 #
Proposal for a directive Article 40 – paragraph 4 – point b (b) ensures effective participation of all market participants
Amendment 265 #
Proposal for a directive Article 54 – paragraph 1 1. Transmission system operators shall
Amendment 266 #
Proposal for a directive Article 54 – paragraph 1 1. Transmission system operators shall not be allowed to own, manage or operate energy storage facilities to provide balancing services or which are used to sell electricity to the market and shall
Amendment 267 #
Proposal for a directive Article 54 – paragraph 1 – point a (new) (a) other parties, following an open and transparent tendering procedure under the supervision of the national regulatory authorities, have not expressed their interest to own, control, manage or operate such cost-effective facilities offering storage and/or ancillary services to the transmission system operator;
Amendment 268 #
Proposal for a directive Article 54 – paragraph 1 – point b (new) (b) such facilities or ancillary services are necessary for the transmission system operators to fulfil its obligations under this regulation for the efficient, reliable and secure operation of the transmission system and they are not used to sell electricity to the market; and
Amendment 269 #
Proposal for a directive Article 54 – paragraph 1 – point c (new) (c) the national regulatory authority has assessed that there is no necessity to apply the conditions under point (a) of this paragraph and has granted its approval.
Amendment 27 #
Proposal for a directive Recital 1 (1) A number of amendments are to be made to Directive 2009/72/EC of the European Parliament and of the Council29. In the interests of clarity, that Directive should be recast. Notwithstanding the current trend towards increasing decarbonisation, an approach most States have adopted, in particular in the context of the Paris Agreement, this Directive must not undermine the technological neutrality which is a fundamental aspect of the choice which States are free to make among the sources of energy for electricity generation. _________________ 29 Directive 2009/72/EC of the European Parliament and of the Council of 13 July
Amendment 270 #
Proposal for a directive Article 54 – paragraph 2 Amendment 271 #
Proposal for a directive Article 54 – paragraph 2 – introductory part 2.
Amendment 272 #
Proposal for a directive Article 54 – paragraph 2 – point a (a) other parties, following an open and transparent tendering procedure, have not expressed their interest to own, control, manage or operate such facilities offering
Amendment 273 #
Proposal for a directive Article 54 – paragraph 2 – point b (b)
Amendment 274 #
Proposal for a directive Article 54 – paragraph 3 Amendment 275 #
Proposal for a directive Article 54 – paragraph 4 4.
Amendment 276 #
Proposal for a directive Article 54 – paragraph 4 4. The transmission system operator under the supervision of the national regulatory authority shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to re-assess the potential interest of market parties to invest
Amendment 277 #
Proposal for a directive Article 58 – paragraph 1 – point a (a) promoting, in close cooperation with the Agency, regulatory authorities of other Member States
Amendment 278 #
Proposal for a directive Article 58 – paragraph 1 – point b Amendment 279 #
Proposal for a directive Article 58 – paragraph 1 – point b (b) developing competitive and properly functioning
Amendment 28 #
Proposal for a directive Recital 1 (1) A number of amendments are to be made to Directive 2009/72/EC of the European Parliament and of the Council29. In the interests of clarity, and against a backdrop of decarbonisation, an ever growing share of electricity generation accounted for by renewables and the diversification of energy sources for electricity generation, that Directive should be recast. _________________ 29 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).
Amendment 280 #
Proposal for a directive Article 58 – paragraph 1 – point c (c) eliminating restrictions on trade in electricity between Member States, including developing appropriate cross- border transmission capacities to meet demand and enhancing the integration of national markets which may facilitate electricity flows
Amendment 281 #
Proposal for a directive Article 58 – paragraph 1 – point d (d) helping to achieve, in the most cost- effective way, the development of secure, reliable and efficient non-discriminatory systems that are
Amendment 282 #
Proposal for a directive Article 58 – paragraph 1 – point e (e) facilitating access to the network for new generation capacity and energy storage facilities , in particular removing barriers that could prevent access for new market entrants and of electricity from renewable energy sources; it should be borne in mind that the development of renewable energy sources requires very significant investment and may thus lead to a marked increase in prices for the consumer, linked in particular to the deployment of wind parks or photovoltaic panels;
Amendment 283 #
Proposal for a directive Article 58 – paragraph 1 – point f (f) ensuring that system operators and system users are granted appropriate incentives, in both the short and the long term, to increase efficiencies especially energy efficiency, in system performance, without these improvements undermining network and plant safety, and foster market integration;
Amendment 284 #
Proposal for a directive Article 59 – paragraph 1 – point o (o) monitoring the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent
Amendment 285 #
Proposal for a directive Article 59 – paragraph 1 – point q Directive 2009/72/EC (q) helping to ensure, together with other relevant authorities, that the new and existing consumer protection measures, including rights of active consumers, are effective and enforced;
Amendment 286 #
Proposal for a directive Article 59 – paragraph 1 – point x a (new) Directive 2009/72/EC Article 59 – paragraph 1 – point x a (new) (xa) monitor market access for local energy communities, including the number of existing local energy communities, regulatory barriers that prevent market access or participation in different activities, their equal treatment, their impact on competition and consumer protection, and the benefits they provide, including vulnerable consumers and households experiencing energy poverty.
Amendment 287 #
Proposal for a directive Article 59 – paragraph new8 Directive 2009/72/EC Article 59 – paragraph 8 new8. With a view to increasing transparency in the market and provide to all interested parties all necessary information, decisions or proposals for a decision concerning transmission and distribution tariffs as referred in Article 60(
Amendment 288 #
Proposal for a directive Article 59 – paragraph new8 new8. With a view to increasing transparency in the market and provide to all interested parties all necessary information, decisions or proposals for a decision concerning transmission and distribution tariffs as referred in Article 60(3), regulatory authorities shall make available to market parties the detailed methodology and underlying
Amendment 289 #
Proposal for a directive Article 62 – title Duties and powers of regulatory authorities with respect to regional operational security coordinators centres
Amendment 29 #
Proposal for a directive Recital 2 (2) The internal market in electricity, which has been progressively implemented throughout the Union since 1999, aims, by organising competitive electricity markets across country borders, to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities competitive prices
Amendment 290 #
Proposal for a directive Article 62 – paragraph 1 – introductory part 1. The regional regulatory authorities of each security-coordinated region, the geographical area where a regional operational centre is established shall, in close coordination with each other:
Amendment 291 #
Proposal for a directive Article 62 – paragraph 1 – point c (c) approve the TSO cooperative decision-
Amendment 292 #
Proposal for a directive Article 62 – paragraph 1 – point f (f) monitor the performance of their functions, the system coordination and report annually to the Agency in this respect.
Amendment 293 #
Proposal for a directive Article 62 – paragraph 2 – point a (a) to request to TSOs information from regional operational security coordinators centres;
Amendment 294 #
Proposal for a directive Article 62 – paragraph 2 – point c (c) to issue joint binding decisions relevant for the improvement of coordination on regional operational centres.
Amendment 295 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2009/72/EC Annex 1 – point b (b) clearly disclose their owners and the natural or legal person operating the
Amendment 296 #
Proposal for a directive Annex I – paragraph 1 – point e – point i (new) Directive 2009/27/EC Annex 1 point e – i (i) - the tariff and breakdown in terms of taxes, levies, fees and charges contained in the energy tariff - the percentage share of energy sources used for the overall energy mix over the preceding year; - the exact nature of an advertised ´Green tariff' including the level of additionality; - the information on the environmental impact of the energy mix, in terms of CO2 emissions and radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year; - quality of service, complaint-handling procedures, level of consumer satisfaction or misleading practices;
Amendment 297 #
Proposal for a directive Annex I – paragraph 1 a (new) (h) for offers from renewable energy sources, information on the contribution of each energy source to the electricity purchased by the customer, including shares of each renewable energy source by technology and country of origin, share or percentage of consumption met from direct-supply from renewable energy sources producers and own-production by the supplier, and actions creating additional environmental and social benefits, including new investments in renewable energy sources.
Amendment 298 #
Proposal for a directive Annex II – point 1 – paragraph 2 – point h (h) information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to Article 26
Amendment 299 #
Proposal for a directive Annex II – point 1 – paragraph 4 Directive 2009/72/EC Annex I – paragraph 1 – subparagraph 3 In addition, comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers
Amendment 30 #
Proposal for a directive Recital 3 (3) Directive 2003/54/EC of the European Parliament and of the Council and Directive 2009/72/EC of the European Parliament and of the Council have made a significant contribution towards the creation of such an internal market in electricity. However, Europe's energy system is in the middle of a profound change. The common goal to increase the share of renewable energy in the electricity sector to at least 45% in 2030 and to fully decarbonise the energy system by 2050 creates new opportunities and challenges for market participants. At the same time, technological developments allow for new forms of consumer participation and cross-
Amendment 300 #
Proposal for a directive Annex II – point 3 – paragraph 2 Where final customers have meters that allow remote reading by the ope
Amendment 301 #
Proposal for a directive Annex II – point 3 – paragraph 3 – point a (a) cumulative data for at least the
Amendment 302 #
Proposal for a directive Annex II – point 3 – paragraph 3 – point b (b) detailed data according to the time of use for any day, week, month and year. These data shall be made available to final customers in near real time via the internet or the meter interface for the period of at least the previous
Amendment 303 #
Proposal for a directive Annex II – point 4 – paragraph 2 – point c Directive 2009/72/EU Annex II – point 4 – paragraph 2 – point c (c)
Amendment 304 #
Proposal for a directive Annex III – point 1 Amendment 305 #
Proposal for a directive Annex III – point 1 1. Member States shall ensure the implementation of smart metering systems in their territories that may be subject to an economic assessment of all the long-term costs and benefits to the market and the individual consumer or which form of smart metering is economically reasonable, the least likely to cause a breach of privacy, in particular as regards the confidentiality of customers’ consumption data, and cost-effective and which timeframe is feasible for their distribution.
Amendment 306 #
Proposal for a directive Annex III – point 1 1. Member States
Amendment 307 #
Proposal for a directive Annex III – point 2 2. Such assessment shall take into consideration the methodology for a cost- benefit analysis and the minimum functionalities for smart metering defined in the Commission Recommendation 2012/148/EU as well as best available techniques for ensuring the highest level of cybersecurity and data protection, in particular as regards customers' consumption habits.
Amendment 308 #
Proposal for a directive Annex III – point 3 Amendment 309 #
Proposal for a directive Annex III – point 3 3. Subject to that assessment, Member States or, where a Member State has so provided, the designed competent authority, shall prepare a timetable with a target of up to 10 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least
Amendment 31 #
Proposal for a directive Recital 3 (3) Directive 2003/54/EC of the European Parliament and of the Council and Directive 2009/72/EC of the European Parliament and of the Council have made a significant contribution towards the creation of such an internal market in electricity. However, Europe's energy system is in the middle of a profound change. The common goal to decarbonise the energy system creates new opportunities and challenges for market participants linked to the generation and distribution of electricity. At the same time, technological developments allow for new forms of consumer participation and cross-
Amendment 310 #
Proposal for a directive Annex III – point 3 3. Subject to that assessment, Member States or, where a Member State has so provided, the designed competent authority, shall prepare a timetable with a target of up to
Amendment 311 #
Proposal for a directive Annex III – point 3 3. Subject to that assessment, Member States or, where a Member State has so provided, the designed competent authority, shall prepare a timetable with a target of up to 10 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least
Amendment 32 #
Proposal for a directive Recital 4 (4) The Energy Union Framework Strategy sets out the vision of an Energy Union with national citizens at its core, where
Amendment 33 #
Proposal for a directive Recital 5 (5) The Communication from the Commission of 15 July 2015 'Delivering a new deal for energy consumers30' put forward the Commission's vision for a retail market that better serves energy consumers, including by better linking wholesale and retail markets. Taking advantage of new technology, new and innovative energy service companies should enable all consumers to fully participate in the energy transition, managing their consumption to deliver energy efficient solutions which save them money and contribute to overall reduction of energy consumption. This rational approach hinges on the full support of consumers, who are being asked to agree to their data and consumption habits being disclosed to their distributor and recorded and kept for several years. _________________ 30 COM (2015) 339 final of 15.7.2015.
Amendment 34 #
Proposal for a directive Recital 6 Amendment 35 #
Proposal for a directive Recital 6 (6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles. It underlined needs to organise electricity markets in a more flexible
Amendment 36 #
Proposal for a directive Recital 7 Amendment 37 #
(7) Apart from the new challenges, the Directive seeks also to address the persisting obstacles to the completion of
Amendment 38 #
Proposal for a directive Recital 7 a (new) (7a) The Union will best meet its renewable targets through the creation of a market framework that rewards flexibility and innovations. A well- functioning electricity market design is the key enabler for the uptake of renewables.
Amendment 39 #
Proposal for a directive Recital 8 (8)
Amendment 40 #
Proposal for a directive Recital 10 (10) Promoting fair competition and easy access for different suppliers should be of the utmost importance for Member States in order to allow consumers to take full advantage of the opportunities of a liberalised internal market in electricity. Too little competition means that new actors are prevented from joining the market and vying with those which are already active or even have a dominant position. Too much competition is likewise undesirable: liberalisation may crowd some actors out, giving rise to a monopoly or oligopoly.
Amendment 41 #
Proposal for a directive Recital 11 (11) In order to secure competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate cross-border access for new suppliers of electricity from different energy sources as well as for new providers of power generation, storage and demand response. However, Member States should cooperate in scheduling electricity flows and should take necessary action to prevent unscheduled loop-flows of electricity.
Amendment 42 #
Proposal for a directive Recital 11 (11) In order to secure competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate
Amendment 43 #
Proposal for a directive Recital 11 a (new) (11a) Interconnections between Member States should be promoted as they facilitate the integration of electricity from renewable energy sources, smooth out variability, reduce balancing costs and encourage competition.
Amendment 44 #
Proposal for a directive Recital 11 b (new) (11b) The European Council of 23 and 24 October 2014 decided that the European Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10% of existing electricity interconnections, as a matter of urgency, and no later than 2020; at least for Member States which have not yet attained a minimum level of integration in the internal energy market, and for Member States which constitute their main point of access to the internal energy market.
Amendment 45 #
Proposal for a directive Recital 12 (12) Securing
Amendment 46 #
Proposal for a directive Recital 13 (13)
Amendment 47 #
Proposal for a directive Recital 14 Amendment 48 #
Proposal for a directive Recital 14 (14) Different types of market organisation exist in the internal market in electricity. The measures that Member States could take in order to ensure a level playing field should be based on overriding requirements of general interest.
Amendment 49 #
Proposal for a directive Recital 14 (14) Different types of market organisation exist in the internal market in electricity. The measures that Member States could take in order to ensure a level playing field should be based on overriding requirements of general interest
Amendment 50 #
Proposal for a directive Recital 15 (15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices.
Amendment 51 #
Proposal for a directive Recital 15 (15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation c
Amendment 52 #
Proposal for a directive Recital 15 (15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation may constitute a fundamentally distortive measure if the price does not reflect the value of electricity and the costs of the supplier and that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently,
Amendment 53 #
Proposal for a directive Recital 15 (15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service,
Amendment 54 #
Proposal for a directive Recital 15 (15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public
Amendment 55 #
Proposal for a directive Recital 16 (16) In order to ensure the maintenance of the high standards of public service in the Union,
Amendment 56 #
Proposal for a directive Recital 18 (18) It should be possible for measures implemented by Member States to achieve the objectives of social and economic cohesion to include, in particular, the provision of adequate economic incentives, using,
Amendment 57 #
Proposal for a directive Recital 19 (19) To the extent to which measures taken by Member States to fulfil public service obligations constitute State aid under Article 107(1) of the Treaty,
Amendment 58 #
Proposal for a directive Recital 20 (20) Clear and comprehensible information
Amendment 59 #
Proposal for a directive Recital 21 (21) At present, several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice. A sufficient level of competition among suppliers is needed to make for diversification of supply.
Amendment 60 #
Proposal for a directive Recital 22 (22) Customers are still being charged a broad range of fees directly or indirectly as a result of switching energy supplier. Such fees make calculating the best product or service more difficult and diminish the immediate financial advantage of switching. Although removing such fees may limit consumer choice by eliminating products based on rewarding consumer
Amendment 61 #
Proposal for a directive Recital 23 (23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview. It is crucial that the information given on such tools be trustworthy, impartial and transparent. It is essential, moreover, that these websites should not be made inaccessible by means of manoeuvres designed to deny consumers access to information, as has already happened to many price comparison sites which have been demoted in Google search result rankings.
Amendment 62 #
Proposal for a directive Recital 23 (23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview. For offers of renewable energy, easily accessible and understandable information on suppliers, sources of renewable energy and guarantees of origin should be provided. These tools should also inform customers in a transparent manner if the energy comes from a non-renewable source. It is crucial that the information given on such tools be trustworthy, impartial and transparent.
Amendment 63 #
Proposal for a directive Recital 24 (24) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all
Amendment 64 #
Proposal for a directive Recital 25 (25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitive. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to opt for having a smart metering system and a dynamic electricity pricing contract. This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options
Amendment 65 #
Proposal for a directive Recital 26 (26) All customer groups (industrial, agricultural, commercial and households) should have access to the energy markets to trade their flexibility and self-generated electricity. Customers should be allowed to make full use of the advantages of aggregation of production and supply over larger regions and benefit from cross- border competition. Aggregators are likely to play an important role as intermediaries between customer groups and the market. Transparent and fair rules should be established to also allow independent aggregators to fulfil this role. Products should be defined on all organised energy markets, including ancillary services and capacity markets so
Amendment 66 #
Proposal for a directive Recital 26 (26) All customer groups (industrial, commercial and households) should have access to the energy markets to trade their flexibility and self-generated electricity. Customers should be allowed to make full use of the advantages of aggregation of production and supply over larger regions and benefit from
Amendment 67 #
Proposal for a directive Recital 27 (27) The 'European Strategy for Low Emission Mobility'32 stresses the need for
Amendment 68 #
Proposal for a directive Recital 27 (27) The 'European Strategy for Low Emission Mobility'32 stresses the need for the decarbonisation of the transport sector and the reduction of its emissions especially in urban areas and highlights the important role that electro-mobility can play in contributing to these objectives. Moreover, the deployment of electro- mobility constitutes an important element of the energy transition. Market rules set out in this Directive should therefore contribute to creating favourable
Amendment 69 #
Proposal for a directive Recital 27 a (new) (27a) In order to meet the international climate commitments and the EU internal targets, a comprehensive turn towards low-carbon economy is needed. Therefore, the renewal of the allocation criteria of different EU funds to foster the decarbonisation and energy-efficiency measures in electricity market and other sectors is needed. It should be guaranteed that EU funding will not be allocated to projects, which are not compliant with CO2 reduction targets and policies. By delegated act the Commission shall establish an advanced and transparent methodology for evaluation of the environmental performance of the applications in electricity market.
Amendment 70 #
Proposal for a directive Recital 28 (28) Demand response will be pivotal to enable smart charging of electric vehicles and thereby enable the efficient integration of electric vehicles into the electricity grid which will be crucial for the decarbonisation of transport. It should be noted that the replacement of conventional by electric vehicles will do nothing to resolve the question of the renewable or otherwise nature of the source of the electricity used. What is more, this new development also raises the question of the storage of the energy and the sustainability of the batteries.
Amendment 71 #
Proposal for a directive Recital 29 (29) Consumers should be able to consume, store and/or sell self-generated electricity to the market. New technology developments will facilitate these activities in the future. However, legal and commercial barriers exist including for example disproportionate fees for internally consumed electricity, obligations to feed self- generated electricity to the energy system, administrative burdens such as for self- generators who sell electricity to the system to comply with the requirements for suppliers, etc. All these obstacles that prevent consumers from self- generating and from consuming, storing or
Amendment 72 #
Proposal for a directive Recital 29 a (new) (29a) Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming and or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Where a community network is set up by a local energy community, access to the local energy community's network should be granted on fair and cost-reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network operated by the community energy initiative or their rights as consumers.
Amendment 73 #
Proposal for a directive Recital 29 b (new) (29b) With the growing importance of active consumers, there is a need to strike a balance between rewarding those that choose to participate where their participation results in benefits to the energy system, and ensuring the ability of distribution system operators to maintain the grid in a cost-efficient and secure way in the long term. Tariffs and remuneration for self-consumption should incentivise smarter renewables integration technologies and motivate renewables self- consumers to make investment decisions that mutually benefit the customer and the grid. To allow for such a balance, it is necessary to ensure that renewable self consumers and local renewable energy communities are entitled to receive a remuneration for the self-generated renewable electricity they feed into the grid which reflects the market value of the electricity fed in, as well as the long-term value to the grid, the environment and society. This must include both long-term costs and benefits of self-consumption in terms of avoided costs to the grid, society and the environment, especially when combined with other distributed energy resources such as energy efficiency, energy storage, demand response and community networks.
Amendment 74 #
Proposal for a directive Recital 30 (30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit- making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy can also improve the security of the energy supply as the electrical grid is less vulnerable. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that
Amendment 75 #
Proposal for a directive Recital 30 (30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy
Amendment 76 #
Proposal for a directive Recital 32 (32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation and energy efficiency. If the introduction of smart grids leads to a significant drop in the level of protection of personal data, in particular details of customers’ consumption habits, the process must be completely transparent.
Amendment 77 #
Proposal for a directive Recital 33 (33) Engaging consumers requires appropriate incentives and technologies such as smart metering. Smart metering systems empower consumers as they allow them to receive accurate and near-real time feedback on their energy consumption or generation allowing them to manage it better, participate in and reap benefits from demand side response programmes and other services, and lower their electricity
Amendment 78 #
Proposal for a directive Recital 34 (34) When it comes to deciding at national level on the smart metering deployment, it should be possible to base this on an economic assessment. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation. In the same way, it should be possible to conduct a legal assessment of the impact of such decisions on privacy, in particular the confidentiality of data concerning customers’ consumption habits.
Amendment 79 #
Proposal for a directive Recital 34 (34) When it comes to deciding at national level on the smart metering deployment, it should be possible to base this on an economic assessment, but also taking into account technical feasibility and proportionality of assumed savings compared to necessary costs. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation.
Amendment 80 #
Proposal for a directive Recital 35 Amendment 81 #
Proposal for a directive Recital 36 (36) In order to assist consumers' active participation in the electricity market, the smart metering systems
Amendment 82 #
Proposal for a directive Recital 37 (37) A key aspect of supplying customers is access to objective and transparent consumption data. Thus, consumers should have the right to protection of and access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on those data. Consumers should also have the right to be properly informed about their energy consumption. Prepayments should not place a disproportionate disadvantage at their users, while different payment systems should be non- discriminatory. Information on energy costs provided to consumers frequently enough will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour. In this respect, full implementation of Directive 2012/27/EU of the European Parliament and of the Council33 will help consumers to reduce their energy costs. _________________ 33 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 83 #
Proposal for a directive Recital 38 (38) Currently different models for the management of data have been developed or are under development in the Member States following the deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules under which data can be accessed under non-discriminatory conditions and ensure the highest level of cybersecurity and data protection as well as the impartiality of the entities which handle data. It is unthinkable that data on users’ consumption habits should subsequently be used for commercial targeting purposes, so that Member States may take any measure required to protect this personal information.
Amendment 84 #
Proposal for a directive Recital 39 (39)
Amendment 85 #
Proposal for a directive Recital 40 (40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to these energy services empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should provide mechanisms to support the development of more efficient heating and cooling technologies to tackle energy poverty. Member States should collect the right and comparable information to monitor the number of households in energy poverty. Accurate measurement using unified standards should assist Member States to identify those households affected by energy poverty in order to provide targeted support. The Commission should actively support the implementation of the provisions on energy poverty by
Amendment 86 #
Proposal for a directive Recital 40 (40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to these energy services empowers
Amendment 87 #
Proposal for a directive Recital 40 (40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a
Amendment 88 #
Proposal for a directive Recital 40 a (new) (40a) The Commission should take action to raise awareness of market opportunities for energy poor customers and the Member States should provide sufficient resources for local information for consumers at risk of energy poverty.
Amendment 89 #
Proposal for a directive Recital 41 (41)
Amendment 90 #
Proposal for a directive Recital 41 (41) Member States which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem, aiming at decreasing the number of people suffering such situation. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable
Amendment 91 #
Proposal for a directive Recital 41 (41) Member States which are affected by energy poverty and which have not yet done so should
Amendment 92 #
Proposal for a directive Recital 41 (41) Member States which are affected by energy poverty and which have not yet done so should therefore develop national
Amendment 93 #
Proposal for a directive Recital 42 (42) Distribution system operators have to cost-efficiently integrate new electricity generation, especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles, without this undermining network or plant safety. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system
Amendment 94 #
Proposal for a directive Recital 42 (42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which
Amendment 95 #
Proposal for a directive Recital 43 (43)
Amendment 96 #
Proposal for a directive Recital 44 (44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations, but only if this does not jeopardise the safety of the grid and public facilities.
Amendment 97 #
Proposal for a directive Recital 45 (45) In order to secure sufficient competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate
Amendment 98 #
Proposal for a directive Recital 62 (62) Energy regulators should also be granted the power to contribute to ensuring high standards of universal and public service in compliance with market opening, to the protection of vulnerable c
Amendment 99 #
Proposal for a directive Recital 70 a (new) (70a) Rapid and full implementation of this Directive should be encouraged, and will enable the Union to meet its climate and renewable targets in a timely manner.
source: 607.825
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